AL-Qadisiya Journal

Trust plays a fundamental role in the social environment that establishes the principles and mechanisms upon which society is based. Trust plays a role in addressing certain societal issues, such as achieving stability and social peace. However, with the development and complexity of society, and with the increasing risks of life, trust has deteriorated. Most relationships between people have become purely materialistic. Therefore, trust has become a vital factor for the continued existence of society and the integrity of relationships within it. Societies typically differ significantly in the degree of trust individuals place in one another, and trust in social institutions also varies greatly. It has become clear that this often-prevalent suspicion is simply a reflection of a loss of trust in others.
The loss of trust does not occur in isolation from social and psychological factors; Injustice, corruption, and social marginalization are all factors that undermine trust and push individuals towards paths that violate laws and values and are characterized by violence. The absence of trust in all aspects of citizens’ lives, especially their mutual trust in each other and their trust in their government and its public institutions, will generate feelings of failure and frustration within them, which will push them towards delinquency and criminal tendencies. It constitutes a war against frustration and failure, meaning that crime is generated by feelings of failure and frustration, which threatens the security and stability of society and increases the scale of the criminal phenomenon.

Recent years have witnessed a significant shift in litigation mechanisms, as technological developments and emergency conditions - foremost of which is the COVID-19 pandemic - have imposed the need to search for electronic alternatives that contribute to ensuring the continuity of justice. The issue of litigation through the use of electronic means in the administrative lawsuit represents a paradigm shift in legal and procedural thought, because of the challenges it entails related to the extent of its legitimacy, its guarantees, its impact on the principle of publicity of hearings, the rights of defense, and the principle of equality between opponents.
This research seeks to explain the legal basis for the adoption of electronic means in the consideration of the administrative lawsuit, with the analysis of comparative national legislation that have taken different steps towards the adoption of this system, as well as studying the role of the administrative judiciary in consecrating and controlling this mechanism in order to achieve a balance between the effectiveness of justice and the speed of resolving disputes, and between preserving the rights and freedoms guaranteed to litigants.
The study concluded that the adoption of electronic litigation in administrative disputes has become a necessity imposed by the requirements of the age, but it remains conditional on the existence of an integrated legislative framework that determines its procedural and technical controls, and ensures cybersecurity standards, in order to ensure the confidence of individuals in the justice of electronic justice and preserves the principle of the rule of law.

Tribal customs in Iraq, notably dakka ashairiyya, have shifted from social reconciliation to criminal practices threatening the rule of law. This study analyzes their legal status and the contradictions between protective laws and the General Amnesty Law, which weaken deterrence and judicial consistency.

Naturally, man is a social being by nature and deals with many people during the day. Some people may be exposed, while talking to others in a private gathering, to revealing some secrets or revealing some situations or words that are private to them and that should be kept secret because they were mentioned for the privacy of the person being addressed. In general, they are either secrets or express the privacy of a situation. Maintaining their privacy is something that everyone must possess because it is an important moral characteristic. Gatherings are trusts, and what is said in a private gathering must remain within the framework of confidentiality and respect, or at the very least, the privacy of the situation must be taken into account. However, the phenomenon of "betrayal of private councils" has become widespread in a way that threatens trust between people and weakens community ties. This phenomenon may include recording phone calls or transmitting conversations of private sessions, then divulging it on social media or other channels, media or councils without the permission of their owners. Sometimes what was said is distorted by adding words to the speech or interpreting it in a wrong way that turns good intentions into bad intentions and thus affects moral integrity. Preserving the integrity of councils is one of the things that preserves the dignity of society, prevents sedition and disputes, and enhances trust between individuals. The importance of the subject of the study on the one hand and its seriousness on the other hand requires us to shed light on it in this research by explaining its concept and its essence, then explaining the legal model that achieves the act subject to punishment, and then explaining the appropriate punishment for it.

This study addressed the importance of legal protection for media workers during international conflicts, as these workers are among the most vulnerable groups in the contexts of the aforementioned conflicts. Legal protection for media workers is based on a set of international treaties and agreements, such as the Geneva Conventions, which stipulate the protection of civilians and humanitarian workers, as well as the principles of international human rights law that guarantee freedom of expression and the right to access information. Legal protection for media workers also faces several challenges, including the absence of actual application of legal protection in many conflicts, as journalists' rights are violated with impunity. Direct threats to them from armed organizations and countries involved in the conflict, which puts journalists' lives at risk. National laws may also hinder the work of journalists or restrict their freedom. From international experiences, the study reviews some successful models in protecting media workers, such as international initiatives that seek to enhance the safety of journalists and provide them with legal support. And cooperation between countries to achieve better protection for media workers during conflicts. The results indicate that current legal protection is still insufficient, so international cooperation should be strengthened to enforce existing laws, establish mechanisms to monitor violations of journalists’ rights in conflicts, and raise public awareness of the importance of protecting and supporting journalists.

The research concept coincides with the international community's drive to achieve sustainable development goals and support human rights. At a time when Iraq must assume its regional and international standing, this requires reviewing a number of domestic laws and legislation and working to align them with the international community's orientations. The research addresses the recent amendments to Iraqi Personal Status Law No. 188 of 1959 for the year 2025, which are in conflict with public international law in general and the agreements that comprise international human rights law, specifically international agreements related to the rights of women and children. This research also addresses the repercussions this may have on Iraq's internal and external future, as a member of the United Nations, committed to its Charter, of which human rights constitute an essential component.

Disobedience to parents is considered a serious manifestation of moral and social deviation. It is a behavior that embodies the decline of religious and educational values within the family and society. Disobedience is manifested in children's failure to fulfill their duties towards their parents, whether through neglect, verbal or physical abuse, failure to provide for them when needed, or assaulting them in any form of humiliation or negligence, which constitutes a violation of human dignity and a breach of the principles of Islamic law and the law. This phenomenon is due to numerous intertwined causes, most notably weak religious restraints and family upbringing that does not instill the values of piety and respect. Disobedience to parents negatively impacts society as a whole, leading to the erosion of family ties, increased domestic violence, the spread of psychological disorders, and a lack of social security. When parents' rights are violated, the remaining system of moral values is vulnerable to collapse. Therefore, the role of the law must be activated and reinforced with religious and moral culture through educational, media, and religious institutions. Protecting parents from disobedience to their parents is not only an individual responsibility, but rather a legal and moral obligation that falls on the state, the individual, and society, ensuring the preservation of their dignity. Their dignity in old age and to return the favor to those who spent their lives raising children.

The technological advancements of recent years have led to the emergence of numerous offenses commonly referred to in legal scholarship as artificial intelligence (AI) crimes. Advanced AI systems have endowed certain modern technological devices with exceptional capabilities, to the extent that they can autonomously make decisions in various situations much like human beings. This study aims, first, to examine the arguments supporting the recognition of criminal liability for AI-related crimes; second, to explore the arguments opposing such recognition; and third, to define the scope of criminal liability in relation to AI crimes. The research concludes with several key findings, most notably that the rapid expansion of AI technologies has given rise to many associated crimes not yet addressed by existing criminal legislation, which remains underdeveloped in this regard. Furthermore, contemporary criminal laws tend to affirm that only human beings can bear criminal responsibility. Criminal liability is thus limited to natural persons, excluding inanimate objects or animals. Since it is the human who programs and operates the AI system to commit crimes, it is the human who bears criminal responsibility for the AI's unlawful actions regardless of the purpose or intent behind those actions, whether for amusement, experimentation, or otherwise.

Crimes of attacking means of communication are crimes that target wired and wireless systems. The Iraqi legislator has regulated their provisions and allocated them to some legal articles, and specified their forms and penalties for their perpetrators. These crimes may be intentional with criminal intent or unintentional, and in both cases their perpetrators are punished However, in light of the great technological progress and development in the means and creation of wide electronic networks for communications, the provisions of the law have become insufficient to confront the attacks on these means. In view of this and that, the Iraqi legislator must intervene to confront the emerging crimes that affect the means of communications.

Global negotiations have become a major part of our contemporary world, influencing the relations between nations, organizations, groups, or people. It is so because increasingly relationships and inter-connectedness between members of the global community are occurring at various levels. Negotiations are of very great importance in reaching agreements, and negotiations can even continue even after agreeing. Negotiations between states are either directed towards improving relations or settling disputes that may arise between them. In this study, we seek to establish how international negotiations, which are regulated by an interdependent system of factors determining their course and outcome, carry the consequences. Among the most important factors is that related to the negotiator, who is central to whether the negotiation process is successful or not. Their cognitive and personal capacity and their proficiency with persuasion and communication influence the negotiation process. Further, factors related to the negotiation process itself, such as clarity of interest and goals, trust among parties, and good faith, are critical. Finally, the international setting functions positively in influencing the negotiation climate. If stability and international cooperation are the prevailing environment, it is easier to reach a satisfactory settlement. But where there is tension in different regions, instability, and intervention by external powers, the negotiation process gets affected negatively.

The research on the penal protection of forests in Iraqi law is of great importance because forests represent one-third of the earth's land area on the planet, and serve as a pillar to promote environmental health and human well-being, as they are vital shields against extreme weather conditions, and provide invaluable resources, yet forests face the challenge of continuous removal, so penal legislation, including the Iraqi penal legislation, should protect them, because of the catastrophic consequences of their removal resulting from the climate crisis, the destruction of biodiversity, land degradation and the loss of forests In this study, we have dealt with the penal protection provided by the Iraqi Forest Law, and its adequacy to preserve forests from felling, damage, burning and overgrazing, where the study included two topics, while in the first we defined forests and their types, and the second we dedicated to the statement of the penal protection provided by the Iraqi legislator to forests in the Iraqi Penal Code No. (111) for a year (1969), and the Law on the Protection and Improvement of the Environment No. (27) For a year (2009) Forestry and Forestry Law No. (30) For a year (2009)We reached a number of conclusions, including that the penal protection provided by the Iraqi legislator to forests was not enough to preserve them from felling and urban expansion, as well as the penalties he imposed were less severe and inappropriate to the importance and value of forests as a

Technical development has produced multiple services that cannot be dispensed with because they affect the needs of individuals on the one hand and the country’s economies on the other hand. In the face of this development, the laws related to regulating communications in Iraq have become unable to regulate this activity, so the legislator decided to create the formation of the Media and Communications Commission under “ Coalition Provisional Authority Order No. 65 of 2004 “which regulates and supervises mobile phone contracts and imposes penalties on companies violating licensing conditions. The administration has the right to determine the occurrence of a violation and impose the appropriate and proportionate penalties specified by Order No. 65 of 2004 in order to regulate this type of service.

This research addresses the topic of crime reporting via the media and social media and its legal value. It begins by defining the concept of reporting and its types, then moves on to examine the entities before which criminal proceedings are initiated in cases involving crimes not reported, such as investigating judges, judicial investigators, public prosecutors, and judicial police officers. The research also addresses the legal procedures for receiving reporting, which may be written or verbal, while emphasizing that laws do not require a specific formality for reporting. The research also discusses the individuals responsible for reporting crimes, whether it is permissible or mandatory reporting, in the third section.
The research addresses the difficulties facing proving the crime of reporting via social media, such as the lack of tangible material evidence, the perpetrator's ability to erase evidence, and the lack of technical expertise among the relevant authorities. The research proposes solutions to address these challenges, such as the formation of specialized police teams to investigate crimes committed using modern technologies. In conclusion, the study presents a set of recommendations to improve laws and develop the necessary mechanisms for monitoring media content on social media, ensuring a balance between freedom of expression and the protection of individual rights.

Organized crime poses a serious global threat, with its most prominent forms including money laundering, terrorism financing, drug trafficking, and human trafficking. These crimes have increasingly endangered national public security due to intensified global interconnectedness, facilitated by international trade, the movement of consumer goods, and the rise of illicit migration and commerce. This has also led to the widespread circulation of narcotics and psychotropic substances. Moreover, the massive scientific and technological advancements witnessed worldwide have had a direct impact on societies at all levels, socially, economically, and in terms of security, ultimately contributing to the rise of organized crime. It is considered one of the most complex security challenges facing countries both domestically and internationally.
As a result, states have moved to criminalize such acts either through their penal codes or by enacting specialized legislation. In practice, combating organized crime requires extensive intelligence efforts and robust international cooperation, achieved through shared legal frameworks such as Interpol and international connections, notably, the United Nations Convention against Transnational Organized Crime (UNTOC).
On the national level, effective countermeasures must include comprehensive legislative frameworks, alongside the empowerment of government institutions, including security, social, and educational bodies as well as civil society organizations. These entities must work together to enforce anti-organized crime laws and raise awareness of the grave threats such crimes pose to state security, individuals, and communities alike.

An institution has emerged that is concerned with legal tasks of a technical and scientific nature. It is responsible for drafting and analyzing legislative texts and providing legal opinions to the state when confronting crises and problems of a constitutional or administrative nature. It also plays a role in resolving disputes that arise between citizens and administrative authorities. The State Council constitutes a pivotal pillar in the legal system of the modern state, combining advisory functions that provide legal guidance to the public administration through the drafting of legislation and the issuance of fatwas, with judicial functions that monitor the legitimacy of administrative decisions and protect public rights and freedoms. This makes it a vital tool for achieving administrative justice and the rule of law. In Iraq, the advisory function is regulated by Article (101) of the 2005 Constitution and Article (6) of Law No. (65) Of 1979, which define the Council\'s powers in issuing fatwas and drafting legislation. The study reveals that the centralized nature of the Iraqi State Council directly affects the distribution of the judicial burden. The concentration of the Council\'s powers in Baghdad, without effective administrative or judicial branches in the governorates, leads to the accumulation of files and delays in resolving disputes, and limits the ability to... Equal access to administrative justice among citizens, in conflict with the principle of equality before the judiciary guaranteed by the constitution, has been challenged. The study concluded that the Iraqi Council of State\'s administrative subordination to the Ministry of Justice constitutes a fundamental restriction on the Council\'s independence in providing legal advice and adjudicating administrative cases. The influence of the executive branch on the appointment of advisors or the issuance of fatwas leads to a loss of impartiality and threatens the principle of separation of powers.

The phenomenon of private educational institutions in Iraq began to spread widely after the change in the regime after 2003 AD, which is a good thing because private education has one of the positives, as it reduces the great momentum taking place in government schools and also develops the educational process by introducing modern methods in education, but Since these institutions are for-profit institutions, their interest may be focused on the primary goal of achieving profits, even if it is at the expense of the quality of education in them or at the expense of systems and instructions. Therefore, it is necessary to review the penalties imposed on private educational institutions in accordance with the provisions of the Private Schools System No. (5) of 2013، As well as explaining the effects of those sanctions and finding solutions to the negatives contained in those sanctions, so in this research we explain the penalties imposed on civil society institutions, the mechanism for imposing them and ways to appeal them, with reference to the penalties that are not explicitly stipulated in the system. We also made a comparison with the penalties imposed according to Provisions of the repealed Private Schools Regulation No. (5) Of 1969.

Judicial investigations into domestic violence crimes are a set of procedures taken by the competent authorities to gather the necessary evidence and indications to prove the crime occurred and attribute it to its perpetrator. Crimes occurring within the family are considered in accordance with the law. There is no criminal court in Iraq specializing in domestic violence crimes. However, the Supreme Judicial Council established investigative courts and misdemeanor courts specializing in family cases in Statement No. 9 of 2021 in each appeals district. No provision was made for the formation of a court specializing in all types of domestic violence crimes, including a criminal court. These courts operate within their jurisdictions in accordance with the provisions of applicable laws. Legislators have set aside specific provisions for these crimes, including confidentiality of trials for reasons related to public morals. These provisions must be respected, as they constitute an integral part of societal ethics, and to protect the family unit from disintegration and the issuance of a protection order. The aim of this research on judicial investigation into domestic violence crimes is to know how the Iraqi legislator has dealt with the issue of forming specialized courts in domestic violence cases, their jurisdictions and the specificity of their criminal procedures, through the applicable legislation and draft laws. This research was a comparison with some countries and was divided into two sections. The first section deals with defining judicial investigation into domestic violence crimes, while the second section deals with the specificity of trial procedures in domestic violence crimes. Then we concluded the research with a set of conclusions and proposals.

Money laundering is one of the most prominent economic crimes that threaten the financial and economic stability of countries. This study aims to analyze the concept of money laundering and distinguish it from similar crimes such as tax evasion and financial corruption. By analyzing comparative legal systems, the study seeks to explore the mechanisms for combating this crime in various international and Arab legislations, and to identify the similarities and differences between them. The study also discusses the economic and social impacts of money laundering and proposes innovative legal solutions to combat it.

The proliferation of cryptocurrencies has presented new challenges to tax systems, necessitating tax regulations for this type of transaction. This is particularly relevant given that cryptocurrencies are cross-border currencies, and countries differ in their legal classifications, ranging from prohibiting their use to permitting it. Some countries have not explicitly defined their legal position, merely issuing warnings against their use without specifying penalties for illegal transactions. Furthermore, cryptocurrencies can be used for criminal purposes, such as money laundering, a common crime. The financial perspective on cryptocurrencies also varies among countries that permit their use. The technological advancements and globalization of the 21st century necessitate the development of new revenue streams for the state treasury, as traditional tax sources may become obsolete in the face of these developments.

The phenomenon of child recruitment has been increasing with the escalation of armed conflicts. After the end of the Cold War, large quantities of weapon stockpiles became available, leading to a flourishing arms trade that resulted in an increase in the number of children involved in armed conflicts. Additionally, the rise in conflicts has been significantly influenced by the emergence of a new international order and globalization, along with its implications on the evolution of conflict, the escalation of armed violence, and internal disputes due to differing stances among conflicting parties. These dynamics have led to heightened extremism and intolerance, as witnessed in several countries across various Arab regions, negatively impacting children. This impact manifests either in the loss of numerous children's lives due to these conflicts or in the exacerbation of child recruitment by rebel groups, exploiting them and involving them in conflicts without adherence to international humanitarian law.

Many changes have entered into international relations that give the right to local administrations to enter international activity and practice it in some cultural, economic, commercial, and even political issues at times, which are proceeding parallel to the state's activity, and this requires the existence of legislative rules and federal institutions that control the scope and powers of the regions in its foreign relations, in a way that balances the freedom of the regions in expressing its interests, and preserving the unity of the foreign policy of the state, and there are reasons Many lies behind the crystallization of parallel diplomacy, the most important of which are political and economic developments at the level of the international system and within the countries themselves, as well as the impact of globalization and the rise of through national regimes, especially regional commercial areas, and the division of responsibilities between central and regional governments, and there is a global trend to adapt to this diplomacy by some countries and international organizations, and the Kurdistan region of Iraq practiced parallel diplomacy, and resort to Abram Many agreements with countries and regions in the form of understanding notes - and that almost exceeded the range set by the Constitution of the Republic of Iraq for the year 2005 - but in reality they are agreements to get out of the restrictions of constitutional texts, and they are tantamount to the explicit recognition of other international actors in the region as an international actor, and in the result the federal constitution is the basic stone on which the federal state is based; Because he is the one who distributes the powers between the central government and the governments of the regions, and determines the mechanism and authority to conclude diplomatic treaties and representation.

Due to the profound digital transformation witnessed by public administration in various countries, it has become necessary to redefine the concept of jurisdiction within the electronic environment and to establish effective oversight mechanisms that enable administrative courts to examine the legality of decisions issued through digital platforms. The element of jurisdiction has been exposed to new challenges, particularly the difficulty of legally identifying the competent authority when an administrative decision is issued through a technical platform or an intelligent system operated either by human management or automatically without apparent human intervention. The study focused on examining the extent to which traditional legal rules governing jurisdiction remain applicable to electronic administrative decisions, and whether the current legislative frameworks are adequate to regulate such transformations. It further highlighted legislative shortcomings, lack of technical transparency, and administrative laxity in documenting the source of decisions - all of which have weakened judicial oversight and opened the door to unlawful encroachments in the distribution of
Administrative authority. Although administrative courts possess full legal authority to scrutinize jurisdiction in electronic decisions, the effectiveness of such judicial oversight is contingent upon the availability of appropriate technological tools and reliable evidentiary means. Among the most prominent challenges facing the judiciary are difficulties in accessing digital operation data, the overlapping of competences within technical systems, and the lack of implementation of secure electronic signatures. These issues underscore the need to reform existing practices and propose viable legal alternatives. Accordingly, it is essential to redraw the boundaries of the relationship between the administration and the judiciary in a manner that ensures the highest standards of legality and safeguards the rule of law within the context of digital governance.

The role played by the International Atomic Energy Agency (IAEA) in protecting human rights, particularly the human right to the environment and the right to development, stems from the Agency's responsibility to regulate the peaceful uses of nuclear energy. The Agency seeks to achieve a balance between promoting sustainable development and protecting the environment through its various agreements, programs, conferences, and forums, which aim to support sustainable agriculture, combat diseases, and improve water resource management, in addition to setting nuclear safety standards to reduce environmental and health risks. However, despite this, the IAEA faces difficulties and challenges in carrying out its duties, most notably political influences, the limited capabilities of some countries, the lack of equal opportunities, and other difficulties. This requires the international community to strengthen and support the Agency's efforts and promote transparency and fairness in the distribution of the benefits of peaceful nuclear uses, in accordance with humanitarian, developmental, and environmental principles.

The study addressed a new term, the term "criminal hypothesis bank," which assumes the existence of a repository of criminal behavior. It clarified the nature of this term, analyzed each of its expressions, and highlighted its importance and role in the process of investigating, searching, and investigating crimes. It also highlighted how it can be an effective tool in this field. Furthermore, the novelty of this term can raise the question of who can manage this system, which is what the study demonstrated. It identified systems capable of successfully managing it to ensure optimal success.
We divided the study into three sections and concluded it with a conclusion, presenting the findings and recommendations we believe should be directed to the legislator and relevant authorities.

Environmental damage caused by armed conflicts represents a growing challenge to the international community, with long-term consequences that affect not only human life but also the natural environment. This research aims to examine the extent to which international criminal justice addresses such violations by analyzing legal frameworks that criminalize environmental harm during war. It also explores international accountability mechanisms and highlights the need to develop criminal provisions to ensure effective environmental protection and prevent impunity. Through legal analysis and critical reflection, the study proposes practical approaches to strengthen environmental justice in times of conflict.

Parliamentary committees play a pivotal role in the legislative process within parliaments. They serve as the technical and practical engine for drafting and reviewing laws before they are presented to plenary sessions. These committees study draft laws submitted by the government or representatives, analyze their content, make necessary amendments, and consult with experts and stakeholders. This ensures that laws are accurate, enforceable, and take into account the public interest.
Committees vary between permanent and temporary, and cover various fields such as legislation, economics, health, education, and others, allowing for specialization and precision in discussing laws according to their scope. Committees also contribute to parliamentary oversight by reviewing the performance of executive bodies and assessing their compliance with the laws. In short, parliamentary committees constitute the cornerstone for developing effective, balanced, and well-thought-out legislation that contributes to achieving legal stability and national development.

Decentralization is the process of transferring powers related to administrative, economic and service activities from the central (federal) authorities to the regions, governorates and smaller administrative units with the aim of enhancing participation in governance and expanding representation. It is a case of the central government transferring part of the powers and responsibilities officially (legislations, regulations and instructions) to actors and institutions at a lower level (local administrative units or public bodies), so that the regions and governorates can exercise the tasks of the central authorities in accordance with the constitutional, legal and regulatory contexts existing in the country.
Constitution of the Republic of Iraq, 2005, explicitly referred to the administrative decentralization system as a necessity for a state characterized by religious, ethnic and sectarian pluralism, which was formulated after the change of the political system in 2003. A democratic, pluralistic federal system was established that adopts administrative and political decentralization and is based on the principle of participation in governance and grants regions, governorates not organized into a region and municipalities a wide range of powers. The aforementioned constitutional framework is reinforced by legal legislation, regulatory and administrative procedures.
Decentralization system protects various human rights, civil, political, economic, social and cultural. This protection is provided directly by local authorities, or indirectly through the monitoring or supervision of federal authorities.

International legal responsibility is recognized for the crime of aggression, as it is classified as an international crime that falls within the jurisdiction of the International Criminal Court. The definition of aggression, as set out in Article 1 of the Definition of Aggression Resolution No. 3314 of 1974, has been incorporated into the Statute of the International Criminal Court and includes traditional forms of aggression and acts defined as criminal in Article 3 of the resolution.
This study addresses the issue of international accountability for acts of aggression carried out through cyber attacks, which is not explicitly addressed in Article Three of the aforementioned resolution. Unlike traditional acts of aggression that use physical force, cyberattacks involve the use of virtual weapons in cyberspace to target the territorial integrity and political independence of states. The research evaluates the applicability of current rules of international liability for traditional acts of aggression to the modern form of aggression represented by cyberattacks.